Draft roads bill unconstitutional and undermines devolution, governors say

The Council of Governors (CoG) has termed sections of the draft Roads Bill 2015 unconstitutional and designed to undermine devolution.

The council said the bill will deny county governments some of their roles as it gives the national government more control over roads.

CoG Chairman Peter Munya said governors were not consulted when the bill was being drafted and claim there is a bid to take roads management away from counties.

“Roads is a devolved function and the bill drafted by Leader of Majority in the National Assembly Aden Duale should not purport to return the road to the national government,” said Munya, who is also the Meru County governor.

Vihiga County Governor Moses Akaranga said counties do not have enough resources to maintain roads.

“We want roads under the Kenya Rural Roads Authority (KeRRA) to be given to us since we are repairing roads which are under them,” said Akaranga. “We are working and handling functions of the national government as well, forcing us to spend the meagre resources we are allocated on roads.”

national standards

The bill, according to the governors, empowers the Roads Cabinet Secretary as it allows him/her to identify and determine national and county roads, which should be a function of the counties.

The draft, which seeks to provide classification, management, construction and maintenance of public roads, says the Roads Cabinet Secretary shall by regulations prescribe the national road standards including standards for the construction and maintenance of other roads by county governments and national trunk roads.

It classifies classes S, A, B, H, J as Primary National Trunk Roads while class C and D as Secondary National Trunk Roads. County roads are classes E, F and the others.

The bill allows the county governments to construct, upgrade, rehabilitate and maintain county roads but in compliance with the national road standards.

Governors also have an issue with the section that states: “Where a new road is established, the responsible authority or county government shall submit to the Cabinet Secretary a request for classification of the road, and the Cabinet Secretary shall assign the road in accordance with the classification that accurately reflects the function served by the road.”

The governors have also raised concerns with the placement of Class C as national trunk roads and now want the bill be re-done to conform to the new system of governance.

They say the bill is an attempt to give the road function to the national government through the ‘back door’.